BHARAT COKING COAL LTD Vs. THEIR WORKMEN

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent by the management challenges the order of the learned Single Judge dated December 3, 2002 passed in W. P. (L) No. 5447 of 2001. That writ petition was filed by the appellant, the management, challenging an award passed by the Central Government Industrial Tribunal No. 1 at Dhanbad on a reference to it of the following questions:

(2.) The writ petition filed by the management, the appellant was admitted by a learned Single Judge of this Court and on November 14, 2002 the following order was passed:

(3.) In this writ petition, the respondent, the workmen, made an interim application invoking Section 17-B of the Industrial Disputes Act claiming relief under that provision. The management-appellant resisted that application by pointing out that the award was not one for reinstatement and hence Section 17-B of the Industrial Disputes Act had no application. The learned single Judge brushed aside that objection on an order of the Supreme Court dated January 6, 1999 passed in petition for Special Leave to Appeal (Civil) No. 8382 of 1998. The learned single Judge directed the management-petitioner to make payment to the workmen in question as per Section 17-B of the Act from the date of the filing of the Writ Petition. The Interlocutory Application filed by the workmen was thus allowed. This order is challenged in this appeal.